Escape route from 498a,dv for hindus

Originally posted by : Zeeshan
	only cohabition as husband and wife is sufficient to initiate legal action u/s 498a.   Yes, and according to my R & D of 3 years there is no scope to escape from 498a or DV. A trick that may work is , as soon as wife flew to her home File a FIR against her and her relatives before her. Only FIR. Nothing else. Now what FIR ??? Anyallegation. No matter with real or false blame. Don't afraid of false submissions. Don't think you can prove your blame or not. Just file it. Here filing false FIR is not a crime(practically). Trial take years and after that "just allegations are not proved." Same  498a wife did. No ????    After your FIR you can say complaint of wife is counter attack of your FIR/complaint.

filing false FIR is NOT a crime for WIFE.

filing false FIR IS a crime for HUSBAND.

malafide actions should be avoided.

if u r slapped with false complaint, best way is to disprove it and get acquittal.

malafides never pay

Advise of Nitin is  excellent.

This way the person can land in charge of rape as well besides fraud.  If he proves that he not being Hindu represented himsefrl as Hindu ande married a Hindu lady then he proves that he lead her to believe having had a lawful marriage and induced her to have s*x (without believing himself to be lawful husband)

Hindu marriage is sustainable even before registeration.  shed misconception

A person having entered a viold or viodable marrige doe snot get any licese to demand dowry and 498a continues to apply shed misconception

498a and DV act and  Dowry act do not apply to Hindus alone.  shed misconception

Let me make you all clear what i have mentioned here is only the escape route which puts everyone in trap.

For any Hindu ceremonial marriage it is responsibility of the priest to check the religious status of the couples before peforming any ceremony and even check the birth certificate otherwise the priest will be in trouble.

The same way the girl is also responsible to know the religious status of the man and she cannot just play innocent that she guessed him to be Hindu.If she is not having any proof that the man has cheated her into the marriage or there is not any kind of affidavit or anything then the man can easily claim that the girl and priest everyone with full knowledge entered into the sham marriage.

　

In this case the boy along with girl and priest everyone will be charged not just the boy.

　

Now about 498a and DV this is something which anyone can file on anyone on todays date and even without marriage.There are police who register 498a with few thousands even for problems between girlfriend and boyfriends.Also 496 etc comes into play only when the girl can prove they lived as husband and wife and the marriage was consummated.

Originally posted by : Amit---------------
	further, only cohabition as husband and wife is sufficient to initiate legal action u/s 498a. deciding the validity of the marriage is job of CIVIL court. criminal courts proceed only with prima facie evidence of marriage. if u escape from one section, there are several others to trap you. Malafides always hurt.

Amit  as mentioned by you only cohabitation as husband and wife is sufficient to initiate legal action under 498a.Then please note that in case of Nisha Sharma even without cohabitation and marriage 498a was initiated.So initating 498a is very simple in India against anyone same as mentioned here by Zeeshan that filing FIR is simple.So 498a is nothing but a tool to trouble used by girls and her family and what i have mentioned here is a tool to make the priest,girl and her family a party in crime along with boy so each one can make a compromise without troubling other.

I know case of Bigamous marriage in which the second wife wanted to punish the husband under section 495 but when the husband make the second wife equal partner in the crime then they settle the matter amicably

it is responsibility of the priest to check the religious status of the couples

the girl is also responsible to know the religious status of the man

everyone will be charged

498a and DV this is something which anyone can file on anyone

... and even without marriage

... even for problems between girlfriend and boyfriends

Learned Author, 

P L E A S E ... stop this idiot thread.

Nisha Sharma case is based upon Demand of Dowry

there is no need of marriage for demanding dowry & it can be initiated without / before marriage also.

 ... pl. note & now stop this futile discussion

"responsibility of the priest to check the religious status"        undere what law?

"The same way the girl is also responsible to know the religious status"      under what law?

 beware even marrige is not necessary for dowry demand. Such demands take place even before marriage.

it is not necessary that the accused must be hindu.

BETTER READ WHAT AMIT STATED ABOVE.

Originally posted by : Amit---------------
	filing false FIR is NOT a crime for WIFE. filing false FIR IS a crime for HUSBAND. malafide actions should be avoided. if u r slapped with false complaint, best way is to disprove it and get acquittal. malafides never pay

yes i agree with this malafides bever pay.

after a long struggle , now SP and add SP in their report gave statement"

now we apply for discharge immediately as it is malicious prosecution, here i am requestion to all LCI members if they have judgement/citation / act rulling for this under sec crpc 321 please post me which help me a lot , i fought truely already wasted my four years but as amit told malafiedes never pays its true and also to Zeeshan is correct but instead of filing false FIR against wife also to admit real facts is also sufficient , if real facts are working no need for false tactics.

I need suggestion what i do now? as my case no charges are framed and it is for discharge under 239,

please post your comments, now i saw some hope to discharge before framing charges and i am applying my full eforts to get discharge before framing.

wait till getting Order on ur discharge application.

if discharge app. is rejected, then think of HC quashing.

Best way out in false 498a, when the opponant case is weak, is face the trial & get acquittal.

I will add to what Amit said:-

I your case is weak then bend knees even before FIR so that scratching nose on ground is avoided.